Overview
By visiting our website and/or purchasing products or services from us, you engage in our “Service” and agree to be bound by the following terms and conditions (collectively, the “Terms of Service”, or “Terms”), including any additional terms, conditions and policies referenced herein or accessible via hyperlink. These Terms of Service apply to all users of the site, including but not limited to browsers, vendors, customers, merchants, and content contributors.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you expressly agree to be bound by these Terms of Service. If you do not agree to all of the terms and conditions set forth herein, you must not access the website or use any of its services. To the extent these Terms of Service constitute an offer, acceptance is expressly limited to these Terms only.
Any new features or tools added to the store shall also be subject to these Terms of Service. You may review the most current version of the Terms of Service at any time on this page. We reserve the right to update, modify or replace any portion of these Terms of Service by posting revised terms on our website. It is your sole responsibility to check this page periodically for updates. Your continued use of or access to the website following the posting of any changes constitutes your acceptance of those changes.
Our online store is hosted by Shopify Inc., which provides us with the e-commerce platform enabling the sale of our products and services to you.
Online Store Terms
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your jurisdiction of residence, or that you have obtained consent from a parent or legal guardian to allow any minor dependents to use this site.
You may not use our products or services for any illegal or unauthorized purpose, nor violate any applicable laws in your jurisdiction (including but not limited to copyright, trademark or data protection laws) while using the Service.
You must not transmit any worms, viruses, malware, or other harmful or destructive code through the Service.
A breach or violation of any provision of these Terms will result in immediate termination of your access to the Service.
General Conditions
We reserve the right to refuse service to anyone, for any reason, at any time.
You acknowledge that your non-sensitive content (excluding credit card information) may be transmitted unencrypted and may pass through multiple networks. Such transmission may involve technical adaptations to conform to network or device requirements. Credit card information is always encrypted during network transmission.
You agree not to reproduce, duplicate, copy, sell, resell or otherwise exploit any portion of the Service, your use of the Service, or access to the Service—including any contact points or interfaces through which the Service is provided—without our express prior written permission.
Section headings used in this agreement are included for convenience only and shall not limit or otherwise affect the interpretation or enforcement of these Terms.
Accuracy, Completeness and Timeliness of Information
We do not guarantee that the information available on this site is accurate, complete or current. The materials on this site are provided for general informational purposes only and should not be relied upon as the sole basis for decision-making. You are encouraged to consult authoritative, more accurate, more complete or more timely sources before acting upon any information found here. Any reliance on such material is at your own risk.
This site may contain historical information. Historical data is necessarily outdated and provided solely for reference. We reserve the right to modify the content of this site at any time without obligation to update any information. You agree it is your responsibility to monitor changes to the site.
Modifications to the Service and Pricing
Product prices are subject to change without prior notice.
We reserve the right, at any time and without notice, to modify, suspend or discontinue any part of the Service (or the entire Service), including its features, content or functionality.
We shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.
Products or Services
Certain products or services may be available exclusively online through this website. Such offerings may be subject to quantity limitations and are eligible for return or exchange only in accordance with our Return Policy.
We make reasonable efforts to accurately display the colors and images of our products on the website. However, we cannot guarantee the accuracy of color representation on your device’s display.
We reserve the right—not the obligation—to restrict sales of our products or services to any person, geographic region or jurisdiction, exercisable on a case-by-case basis. We further reserve the right to limit quantities of any product or service, and to revise product descriptions or pricing at any time without notice, in our sole discretion. We may discontinue any product at any time. Offers made on this site are void where prohibited by law.
We do not warrant that the quality of any products, services, information or other materials purchased or obtained through the Service will meet your expectations, nor that errors in the Service will be corrected.
Accuracy of Billing and Account Information
We reserve the right to refuse or cancel any order placed with us. In our sole discretion, we may limit or cancel quantities purchased per person, per household or per order. Such restrictions may apply to orders associated with the same customer account, credit card, billing address and/or shipping address. If we modify or cancel an order, we will attempt to notify you via the email address and/or billing address/phone number provided at the time of order placement. We further reserve the right to limit or prohibit orders that, in our judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate information for all purchases and account registrations. You further agree to promptly update your account and related information—including your email address and credit card details (number and expiration date)—to ensure successful transaction processing and timely communication.
Optional Tools
We may provide access to third-party tools over which we exercise no control, monitoring or input.
You acknowledge and agree that access to such tools is provided strictly “as is” and “as available”, without warranties, representations or conditions of any kind, express or implied, and without endorsement. We assume no liability arising from or related to your use of optional third-party tools.
Your use of optional tools offered through the site is entirely at your own risk and discretion. You are responsible for reviewing and accepting the terms under which such tools are provided by their respective third-party providers.
We may, in the future, introduce new services and/or features through the website (including new tools and resources). Such additions shall also be governed by these Terms of Service.
Third-Party Links
Certain content, products and services available through the Service may include materials from third parties.
Third-party links on this site may direct you to websites not affiliated with us. We do not examine, evaluate or endorse the content, accuracy or reliability of third-party websites or materials. We expressly disclaim all liability for third-party materials, websites, products, services or other offerings. We are not liable for any harm or damages arising from the purchase or use of goods, services, resources, content or other transactions conducted on or through third-party websites. Please review the applicable third-party policies and practices carefully before engaging in any transaction. Complaints, claims, concerns or questions regarding third-party products or services must be directed to the relevant third party.
User Comments, Feedback and Other Submissions
If you submit specific materials to us at our request (e.g., contest entries), or voluntarily submit creative ideas, suggestions, proposals, plans or other materials—whether online, by email, postal mail or otherwise (collectively, “Comments”)—you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate and otherwise use such Comments in any medium. We assume no obligation (1) to maintain confidentiality of any Comments; (2) to compensate you for any Comments; or (3) to respond to any Comments.
We may, but are under no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or that violates any party’s intellectual property rights or these Terms of Service.
You agree that your Comments will not infringe any third-party rights—including copyright, trademark, privacy, personality or other proprietary or personal rights—and will not contain libelous, unlawful, abusive, threatening, harassing, defamatory, obscene or otherwise objectionable material. You further agree that your Comments will not contain any computer virus or other malicious code that could impair the operation of the Service or any related website. You may not use a false email address, impersonate another person or mislead us or others regarding the origin of any Comment. You are solely responsible for the accuracy and legality of your Comments. We accept no responsibility and assume no liability for any Comments posted by you or any third party.
Personal Information
Your submission of personal information through the store is governed by our Privacy Policy.
Errors, Inaccuracies and Omissions
Occasionally, information on our site or within the Service may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times or availability. We reserve the right to correct such errors, inaccuracies or omissions, and to amend or update information or cancel orders if any information in the Service or on related websites is inaccurate, at any time and without prior notice—even after an order has been submitted.
We undertake no obligation to update, amend or clarify information in the Service or on related websites—including pricing information—except as required by applicable law. Absence of a specified update or refresh date does not imply that all information has been modified or updated.
Prohibited Uses
In addition to other prohibitions set forth in these Terms of Service, you are expressly prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any applicable international, federal, provincial, state or local laws or regulations; (d) to infringe our intellectual property rights or those of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other malicious code affecting the functionality or operation of the Service, related websites or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service, related websites or the Internet. We reserve the right to terminate your access to the Service for violating any of the above prohibitions.
Disclaimer of Warranties; Limitation of Liability
We do not guarantee, represent or warrant that your use of the Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results obtained from use of the Service will be accurate or reliable.
You acknowledge that we may suspend or discontinue the Service for indefinite periods or cancel it at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered through it are provided “as is” and “as available”, without any representations, warranties or conditions of any kind—express or implied—including but not limited to implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
In no event shall hardsevere.com, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special or consequential damages—including but not limited to lost profits, lost revenue, lost savings, loss of data, replacement costs or similar losses—arising from your use of the Service or any products procured through it, or from any claim related to your use of the Service or any product, including but not limited to errors or omissions in content, or any loss or damage incurred as a result of use of the Service or content (or product) posted, transmitted or otherwise made available via the Service—even if advised of the possibility of such damages. Where applicable law prohibits the exclusion or limitation of liability for consequential or incidental damages, our liability shall be limited to the fullest extent permitted by law.
Indemnification
You agree to indemnify, defend and hold harmless hardsevere.com, together with our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from and against any claim or demand—including reasonable attorneys’ fees—made by any third party due to or arising out of your breach of these Terms of Service or incorporated documents, or your violation of any law or third-party rights.
Severability
If any provision of these Terms of Service is held to be unlawful, void or unenforceable, such provision shall nonetheless remain enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms. Such determination shall not affect the validity or enforceability of the remaining provisions.
Termination
All obligations and liabilities accrued prior to termination shall survive termination of this agreement for all purposes.
These Terms of Service remain effective unless terminated by you or us. You may terminate these Terms at any time by ceasing use of our Services or notifying us that you no longer wish to use them.
If, in our sole judgment, you fail—or we suspect you have failed—to comply with any term or provision of these Terms, we may terminate this agreement immediately without notice. You shall remain liable for all amounts due up to and including the date of termination, and/or we may deny you access to the Service (or any part thereof).
Entire Agreement
Failure by us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service, together with any policies or operating rules posted by us on this site or in connection with the Service, constitute the entire agreement between you and us concerning the Service, superseding any prior or contemporaneous agreements, communications or proposals—whether oral or written—including any prior versions of the Terms of Service.
Any ambiguity in the interpretation of these Terms of Service shall not be construed against the drafting party.
Changes to Terms of Service
You may review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any portion of these Terms of Service by posting revised terms on our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes constitutes your acceptance of those changes.
Taxes
All listed prices exclude applicable taxes. Upon order submission, you may be charged taxes ranging from 0% to 30%, depending on your country and region. Tax applicability and rate are determined solely by your local tax authority.
Contact Information
Questions about these Terms of Service should be directed to [email protected]